Sheshmani vs The State Of Madhya Pradesh
2023 Latest Caselaw 1075 MP

                                                        1
                                 IN THE HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                CRA No. 3179 of 2022
                                        (SHESHMANI Vs THE STATE OF MADHYA PRADESH)

               Dated : 18-01-2023
                           Shri Sharad Singh Baghel - Advocate for the appellant.

                           Shri Pramod Choubey - Deputy Government Advocate for the
               respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A No.22948/2022 which is an applications under Section 389(1) of Cr.P.C for suspension of sentence filed on behalf of appellant.

T he appellant has been convicted for offence under Section 8(C) r/w Section 20(kh)(ii)(E) {20(B)(ii)(C)} of NDPS Act and sentenced to undergo R.I. for 10 years with fine of Rs.1,00,000/- also with default stipulation.

As per prosecution story, on 05.01.2019 on an information received from the informant, a Scorpio bearing registration No.UP63-P-6666 was intercepted by the police and on being searched 74.700 kgs. of Ganja was recovered from their joint possession. Hence, the police has registered the case against the

appellant and the co-accused persons.

Learned counsel for the appellant submits that the appellant is innocent person, has falsely been implicated in the present case. The seizure witnesses are not properly supported the case of prosecution. The police did not comply with the mandatory provisions of NDPS Act. The appellant did not have any knowledge about the illegal transportation of contraband substance. The benefit Signature Not Verified of doubt ought to have been given to the appellant but the trial Court did not do Signed by: KAFEEL AHMED ANSARI Signing time: 20-01-2023 18:14:32 so. Hence, the jail sentence of the appellant may be suspended.

Learned counsel for the State opposed the prayer of suspension of jail sentence of the appellant made by the appellant's counsel submitting that the prosecution witnesses stated sufficient against the appellant. The appellant was caught with huge quantity of contraband substance. The quantity of Ganja alleged to have been seized from the possession of the appellant is more than commercial quantity.

I have heard the learned counsel for the parties and perused the record. After going through the record and impugned judgment in detail, it clear that the appellants have involved in transporting the contraband substance which is more than commercial quantity. Hence, at this stage, no case for

suspension of sentence is made out. Accordingly, aforesaid I.A. is dismissed.

List the matter for final hearing in due course.

(RAJENDRA KUMAR (VERMA)) JUDGE

kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 20-01-2023 18:14:32